Section 27-28-101 - When proceeding may be instituted for unlawful assertion of authorityA civil action may be brought in the name of the state against:
(1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise within this state or an office in a corporation created by the authority of this state;(2) a public officer, civil or military, who does or suffers an act that, by the provisions of law, works a forfeiture of office;(3) an association of persons who act as a corporation within this state without being legally incorporated.En. Sec. 1410, C. Civ. Proc. 1895; re-en. Sec. 6943, Rev. C. 1907; re-en. Sec. 9576, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 803; re-en. Sec. 9576, R.C.M. 1935; R.C.M. 1947, 93-6401; amd. Sec. 725, Ch. 56, L. 2009.